This week, EFF joined EDRi and nearly 50 civil society organizations urging the European Commission’s President Ursula von der Leyen, Executive Vice President Henna Virkunnen, and Commissioners Michael McGrath and Hadja Lahbib to take immediate action and defend human rights in Hungary.

The European Commission has a responsibility to protect EU fundamental rights, including the rights of LGBTQ+ individuals in Hungary and across the Union

With Budapest Pride just two days away, Hungary has criminalized Pride marches and is planning to deploy real-time facial recognition technology to identify those participating in the event. This is a flagrant violation of fundamental rights, particularly the rights to free expression and assembly.

On April 15, a new amendment package went into effect in Hungary which authorizes the use of real-time facial recognition to identify protesters at ‘banned protests’ like LGBTQ+ events, and includes harsh penalties like excessive fines and imprisonment. This is prohibited by the EU Artificial Intelligence (AI) Act, which does not permit the use of real-time face recognition for these purposes.

This came on the back of members of Hungary’s Parliament rushing through three amendments in March to ban and criminalize Pride marches and their organizers, and permit the use of real-time facial recognition technologies for the identification of protestors. These amendments were passed without public consultation and are in express violation of the EU AI Act and Charter of Fundamental Rights. In response, civil society organizations urged the European Commission to put interim measures in place to rectify the violation of fundamental rights and values. The Commission is yet to respond—a real cause of concern.

This is an attack on LGBTQ+ individuals, as well as an attack on the rights of all people in Hungary. The letter urges the European Commission to take the following actions:

• Open an infringement procedure against any new violations of EU law, in particular the violation of Article 5 of the AI Act
• Adopt interim measures on ongoing infringement against Hungary’s 2021 anti LGBT law which is used as a legal basis for the ban on LGBTQIA+ related public assemblies, including Budapest Pride.

There's no question that, when EU law is at stake, the European Commission has a responsibility to protect EU fundamental rights, including the rights of LGBTQ+ individuals in Hungary and across the Union. This includes ensuring that those organizing and marching at Pride in Budapest are safe and able to peacefully assemble and protest. If the EU Commission does not urgently act to ensure these rights, it risks hollowing out the values that the EU is built from.

Read our full letter to the Commission here.